Legal Coercion Research Articles

The Perils of "Pure Democracy": Minority Rights, Liquor Politics, and Popular Sovereignty in Antebellum America

Examining conflict over local option liquor license laws passed in numerous states during the mid-1840s, this article exposes a pioneering moment in the history of direct democracy. Spurred by the temperance movement's crusade against alcohol and liquor licensing, local option laws empowered local voting majorities, in a referendum-like manner, to decide annually at the ballot box whether or not licenses would be issued. Based on investigation of reform literature, legislative reports, newspapers, and court opinions, this article illustrates how reformers' enlistment of the ideas of majority rule and popular political empowerment to legitimate local option prompted debates that moved beyond the propriety of restrictive liquor regulation and resulted in a widespread reassessment of fundamental tenets of American popular sovereignty. Turning to the activities of liquor dealers and others who resisted local option, this article uncovers a groundbreaking strain of dissent that coalesced in Delaware. By suggesting limits to popular political empowerment and majority rule and stressing the ability of representative democracies to protect minority rights, attorneys representing pro-liquor forces convinced Delaware's highest court to declare local option unconstitutional. Not only did their ideas reverberate in other court decisions and policy debates of the period, but they established a lasting practice of questioning ballot box legislation grounded in the ideas of James Madison and other elite thinkers concerned about the threat of majority tyranny. In the process, pro-liquor groups helped democratize the tradition of questioning majority rule for future use by other nonelite minorities.

Psychological Change in Voluntary and Legally Coerced Clients of a Residential Drug and Alcohol Treatment Programme

Self-report measures were used to investigate psychological symptoms, motivation for change and empathy in male residential clients of an alcohol and drug treatment programme. Thirty-eight participants entered treatment voluntarily and 42 participants were under various forms of legal coercion to enter treatment. Data were collected for all participants 10–15 days into treatment and again, for those remaining in treatment, at approximately 5 weeks and 10 weeks after admission. Overall, the results showed little that differentiated the psychological profile of these cohorts early in treatment or subsequently over ensuing weeks. Both types of residents, at the group and at an individual level, reported substantial improvements in their psychological state with time. Younger clients who had lived in one place for 6 months prior to programme entry were more likely to leave treatment in the first 5 weeks. Legally coerced clients were more likely than voluntary clients to drop out of treatment between 5 and 10 weeks.

New Models of Collaboration Between Criminal Justice and Mental Health Systems

New Models of Collaboration Between Criminal Justice and Mental Health Systems

Making Voting Pay

Those who regard low turnout as a particular problem for democracy are sometimes led to endorse compulsory voting as a solution. However, even if there is a moral duty to vote, such legal coercion seems illiberal. This article, by appeal to the analogous case of blood donations, suggests that we should consider instead paying people incentives to vote. This would achieve the aim of increasing turnout, particularly among underrepresented groups, without threatening individual liberty in the way that compulsion seems to.

The demography of nurses and patients on acute psychiatric wards in England

To describe the ethnic and demographic composition of staff and patients on acute psychiatric wards in England. A significant proportion of the UK population (7.6%) belong to an ethnic minority and there are concerns that ethnic minority patients are not well served by psychiatry, in particular that they are subject to excessive force and coercion. Survey of a random sample of psychiatric wards in three regions. A survey was conducted of staff (n = 1536) and patients (n = 11,128) on 136 acute admission psychiatric wards. Ethnic minority patients were more likely to be admitted with a diagnosis of schizophrenia, younger, more likely to be admitted for a risk of harm to others and more likely to be legally detained. The association between ethnic minority status and detention remains, even when risk, age, gender and diagnosis are taken into account. Ethnic minority patients come from areas of greater social deprivation and fragmentation. Ethnic concordance between staff and patients varies, but the greatest difference is found in London where the proportion of minority staff is greater than the proportion of minority patients. There continues to be evidence that ethnic minority patients are subject to an excessive amount of legal coercion in English mental health services. However, the proportion of staff belonging to an ethnic minority is greater than the proportion of patients. Solutions to the problem of excessive use of legal coercion with ethnic minority patients need to be found. Changes of recruitment strategies are required if concordance is to be achieved.

Overview of Issues Related to Coercion in Substance Abuse Treatment: Part I

Various options for treatment entry, engagement and retention for substance abuse problems have been proposed but none is more controversial than the issue of coercing or pressuring substance abusers into treatment. Most people who need treatment won't get it, and most people who enter treatment will not complete it. The use of coercion to persuade reluctant substance abusers to enter and remain in treatment has a long history, especially in the criminal justice system. The use of coercion with other populations is also promising. This paper provides an overview of some of the current arguments for and against the use of coercion in substance abuse treatment. The three types of legal, formal and informal coercion are discussed. Issues related to motivation and intervention techniques are also reviewed. Most people cycle through a wide range of motivational influences to enter treatment. Some argue that substance abusers must choose treatment on their own for it to be effective. Others argue that coercion is effective in getting people into treatment and keeping them there long enough for it to be effective. Both internal motivation and external pressures from various sources are independent and powerful influences to enter treatment. The effectiveness of coercion in treatment retention and pervasiveness of coercion in treatment is also reviewed.

Overview of Issues Related to Coercion and Monitoring in Alternative Diversion Programs for Nurses: A Comparison to Drug Courts: Part 2

Substance abuse is the most preventable health problem in the United States and has become the most common disease encountered by health care providers. Nurses and other health care professionals who abuse substances are hesitant to admit it, to seek help for it and to enter treatment for it. Those who do enter treatment for substance abuse generally do so at the instigation of others, usually from workplace interventions or complaints filed for impaired practice. Alternative diversion programs for nurses and drug courts for offenders offer initial diversion into treatment and rehabilitation for substance abuse in lieu of more formal sanctions. Even though both drug courts and alternative diversion programs are voluntary programs, legal or formal coercion is a component of the referral process. The perception of coercion may also be present in both populations because of the potential consequence of sanctions for noncompliance with the treatment and monitoring program. Issues related to internal motivatio...

Of sweatshops and subsistence: Habermas on human rights

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas's account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the Universal Declaration of Human Rights (UDHR)) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike other legal rights, they possess universal moral validity. In this paper I argue that this tension between the legal and moral aspects of human rights can be resolved if and only if human rights are conceived as moral aspirations and not simply as legal claims. In particular, I shall argue that there are two reasons why human rights must be understood as moral aspirations that function non-juridically: First, the basic human goods to which human rights provide secure access are determinable only in relation to basic human capabilities that are progressively revealed in the course of an indefinite (fully inclusive and universal) process of collective learning; second, the institutional impediments to enjoying human rights are cultural in nature and cannot be remedied by means of legal coercion.

The use of depot naltrexone under legal coercion: the case for caution

Enthusiasm for the coerced treatment of addiction has recently been renewed (e.g. [1]) in the absence of compelling evidence of its efficacy [3,4]. In the case of heroin addiction, the renewed interest has been stimulated by the development of depot forms of the opioid antagonist, naltrexone, which promise to be more effective in ensuring abstinence from opioids than psychosocial treatment or oral naltrexone [5].

Service Utilization Differences for Axis I Psychiatric and Substance Use Disorders Between White and Black Adults

Service Utilization Differences for Axis I Psychiatric and Substance Use Disorders Between White and Black Adults

Modeling attitude towards drug treament: the role of internal motivation, external pressure, and dramatic relief.

Motivation for change has historically been viewed as the crucial element affecting responsiveness to drug treatment. Various external pressures, such as legal coercion, may engender motivation in an individual previously resistant to change. Dramatic relief may be the change process that is most salient as individuals internalize such external pressures. Results of structural equation modeling on data from 465 drug users (58.9% male; 21.3% Black, 34.2% Hispanic/Latino, and 35.1% White) entering drug treatment indicated that internal motivation and external pressure significantly and positively predicted dramatic relief and that dramatic relief significantly predicted attitudes towards drug treatment: chi (2) = 142.20, df = 100, p < 0.01; Robust Comparative Fit Index = 0.97, Root Mean Squared Error of Approximation = 0.03. These results indicate that when external pressure and internal motivation are high, dramatic relief is also likely to be high. When dramatic relief is high, attitudes towards drug treatment are likely to be positive. The findings indicate that interventions to get individuals into drug treatment should include processes that promote Dramatic Relief. Implications for addictions health services are discussed.

Compulsory Labor in a National Emergency: Public Service or Involuntary Servitude - The Case of Crippled Ports

The 13th Amendment ban on involuntary servitude has new relevance as the U.S. grapples with national emergencies such as catastrophic hurricanes, flu pandemics, and terrorism. This Article considers work refusal and coerced work performance in life-threatening employment contexts. Overwhelmed by fear, hundreds of police officers and health care workers abandoned their jobs during Hurricane Katrina. Postal clerks worked against their will without masks in facilities with anthrax. A report by Congress worries that avian flu will cause sick and frightened medical personnel to stay away from work, thus jeopardizing a coherent response to a crisis. How far can the U.S. go in forcing reluctant civilians to perform essential jobs during a national emergency? I explore solutions to this question by hypothesizing a large release of radiation - whether by terror attack, or catastrophic accident, or major earthquake - in a vital Pacific port. These ports have a history of work stoppages that disrupt the nation's economy. I examine federal government responses if dock workers refused assignments until conditions were safe: (1) The President could declare a national emergency labor dispute under the Taft-Hartley Act, and seek an 80-day back-to-work injunction. (2) Congress could re-enact Section 8 of the War Labor Disputes Act, making it unlawful for dock workers to discontinue production for 30 days and subjecting violators to coercive damages. (3) The president could issue strong executive orders, backed by imprisonment, that regulate employment in ports. At the heart of my analysis, I ask: Would any of these responses violate the Thirteenth Amendment ban on involuntary servitude? Congress and the judiciary have broadened this law, and its enforcement counterpart in 18 U.S.C. § 1584, beyond the abolition of African slave-holding. The Supreme Court in Kozminski defined involuntary servitude as forcing a person to work by physical or legal coercion. But the Supreme Court created 13th Amendment exceptions for transportation work. Robertson upholds a law that bars merchant seamen from quitting work, and imprisons deserters. Butler permits states to conscript citizens to work on highways, on pain of imprisonment. Dock work is similar because ports integrate ships and trucks in a transportation hub. Courts now apply these precedents to new compulsory activities, such as mandatory public service for graduation. Moreover, Kozminski reaffirmed Robertson and Butler as precedents. Thus, the Constitution would be unlikely to shield dock workers from involuntary labor. This has troubling implications for employees who have recently worked in national emergencies, and may do so again. Employees who work to alleviate avian flu or other catastrophic health threats are also at risk for compulsory labor that exposes them to extraordinary hazards. I conclude with a legislative proposal to strengthen individual rights. As my research shows, courts that are presented with national emergency disputes rarely side with the individual who stands in the way of the public's welfare. Without a more balanced labor policy to address emerging crises, the nation may realize belatedly that when we allow fundamental freedoms to be sacrificed in the name of real or perceived emergency, we invariably come to regret it.

Why (and when) clinicians compel treatment of anorexia nervosa patients

AbstractObjectiveThis paper addresses the question of the circumstances which lead clinicians to use legal coercion in the management of patients with severe anorexia nervosa, and explores similarities and differences between such formal coercion and other forms of ‘strong persuasion’ in patient management.MethodLogistic regression and other statistical analysis was undertaken on 75 first admissions for anorexia nervosa from a sample of 117 successive admissions to an eating disorder facility in New South Wales, Australia, where an eating disorder was the primary diagnosis. Admissions with other primary diagnoses, such as bulimia nervosa (25 episodes), and entries with a co‐morbid diagnosis (e.g. depression or opiate overdose), were discarded, leaving 96 admissions by 75 individuals.ResultsResort to measures of legal coercion into treatment was found to be associated with three main indicators: the patient's past history (number of previous admissions); the complexity of their condition (the number of other psychiatric co‐morbidities); and their current health risk (measured either by Body Mass Index (BMI) or the risk of re‐feeding syndrome).ConclusionsOur study is consistent with the few earlier studies about indicators for legal coercion in anorexia nervosa management, and suggests that clinicians use legal coercion very sparingly, distinguishing legal coercion from other forms of close clinical management of patients. Copyright © 2007 John Wiley &amp; Sons, Ltd and Eating Disorders Association.

The relationship between legal coercion and dropout from substance abuse treatment

The relationship between legal coercion and dropout from substance abuse treatment

Coercion is Coercion? Reflections on Trends in the use of Compulsion in Treating Anorexia Nervosa

This paper explores similarities and differences between formal coercion and other forms of 'strong persuasion' in clinical decision-making about medical management of patients with severe anorexia nervosa. The paper builds on findings from analysis of data from 117 successive admissions to an eating disorder facility, where an eating disorder was the primary diagnosis. The study implications of particular interest in this paper are the findings that legal coercion into treatment was associated with three main indicators: the patient's past history (number of previous admissions), the complexity of their condition (the number of other psychiatric comorbidities), and current health risk (measured either by body mass index or the risk of re-feeding syndrome). We conclude that clinicians use legal coercion very sparingly in treating severe anorexia nervosa, distinguishing legal coercion from other forms of close clinical management of patients. While we agree with Monahan et al. and others that there are similarities between legal coercion and other forms of strong clinical management (or power), our results suggest that clinicians recognize the importance of maintaining, rather than blurring that distinction.

The influence of legal coercion on dropout from substance abuse treatment: Results from a national survey

Legal coercion is frequently used to leverage substance abuse treatment upon persons who would otherwise not seek it voluntarily. Various methodological and conceptual problems of the existing research have prevented a clear understanding of its effectiveness. The influence of legal coercion on retention in substance abuse treatment was examined using a national survey of programs in the public sector of care and three different treatment modalities including short-term residential ( N = 756 ), long-term residential ( N = 757 ), and outpatient treatment ( N = 1181 ). Legal coercion was found to reduce the risk of dropout across all three treatment modalities. The greatest effect was among persons in short-term residential treatment. The smallest effect was observed in outpatient treatment. This study shows that legal coercion significantly reduces the risk of dropout in substance abuse treatment. However, the differential effects across treatment conditions must be carefully considered when using coercion to involve individuals in treatment.

Exclusion or Concern: Lawyers' and Community Members' Perceptions of Legal Coercion, Dangerousness and Mental Illness

Forty-six legal professionals and 44 members of the community responded to a questionnaire regarding their perception of the need for legal coercion for treatment for 3 hypothetical vignette characters described as having symptoms of schizophrenia, depression and 'being troubled', [a control] condition. A further condition incorporated in the design was whether or not the vignette character had a comorbid substance abuse issue (alcohol or heroin). Both lawyers and community members over-estimated the schizophrenia and depression vignette characters' potential dangerousness when compared with recent research on the topic. Most legal and community respondents thought legal coercion for treatment was necessary, particularly when there was danger to the individual or to others. However, lawyers were less likely to see a need for legal coercion for treatment than were community members. Contrary to existing research evidence, co-morbid substance abuse for the vignette characters did not significantly increase either lawyers' or community members' perception of vignette characters as being more dangerous to themselves or others.

The Relationship between Legal Status, Perceived Pressure and Motivation in Treatment for Drug Dependence: Results from a European Study of Quasi-Compulsory Treatment

This paper reports on intake data from Quasi-Compulsory Treatment in Europe, a study of quasi-compulsory treatment (QCT) for drug dependent offenders. It explores the link between formal legal coercion, perceived pressure to be in treatment and motivation amongst a sample of 845 people who entered treatment for drug dependence in five European countries, half of them in quasi-compulsory treatment and half ‘voluntarily’. Using both quantitative and qualitative data, it suggests that those who enter treatment under QCT do perceive greater pressure to be in treatment, but that this does not necessarily lead to higher or lower motivation than ‘volunteers’. Many drug-dependent offenders value QCT as an opportunity to get treatment. Motivation is mutable and can be developed or diminished by the quality of support and services offered to drug-dependent offenders.

Capitalist World-Economy, Globalization, and Violence

During the past two decades, neoliberal economic policies have been enacted in many peripheral regions of the world. Neoliberalism promotes free trade, deregulation, privatization, and welfare reduction; however, it does not call for state rescission of social control and legal coercion. Global capitalism has asserted itself as the dominant force in modernity. It transcends the nation-state system. For example, the United States was the primary hegemon throughout much of the 20th century. Yet since the appearance of global capitalism, transnational corporations now dominate the world-economy. Wealth is heavily concentrated in the hands of an elite capitalist class. The resultant income inequality, coupled with increased state surveillance and formal control, increases structural violence throughout the periphery. The purpose of this article is to examine the structural inequalities in the Americas, while presenting possible solutions to the neoliberal crisis from a social justice perspective.

Eco-labelling—a case for deregulation?

The general disenchantment with command-and-control mechanisms led to pressure to experiment with tools of deregulation which encourage the desired behaviour through financial incentives rather than through legal coercion. Eco-labelling can be seen as a representation of this trend to deregulate environmental protection by allowing industry to make the decision of whether or not to apply for the label and allowing consumers to decide to shop accordingly. Eco-labelling aims to identify and promote products that have a reduced environmental impact when compared to other similar products. It is a voluntary method of environmental performance certification and labelling that is practised around the world and functions through the co-operation of the three sectors: industry, consumers and eco-labelling authority. This paper will look at Germany's Blue Angel, a national eco-label, and the European Flower, the eco-label for the European Union, to determine whether eco-labelling can be considered a successful mechanism of deregulation.